Section 72 – Employing disqualified lawyer
157.Section 72 applies to:
a solicitor who has been struck off the roll or suspended from practice;
a European or foreign lawyer who has been suspended or whose registration has been withdrawn;
an individual practitioner (as defined in section 48(5)) who has been either struck off, or suspended or disqualified from practising; or
an incorporated practice whose certificate of recognition has been revoked.
158.The licensed provider, knowing that a person is so disqualified, must not employ or pay that person (subsection (2)), unless the approved regulator has given permission so to do (subsection (3)), which it may do for a specified period and with conditions attached (subsection (4)). Subsections (5) and (6) provide for appeals to the Court of Session in certain situations. Subsection (7) provides that if a licensed provider knowingly and deliberately employs a disqualified person, or wilfully contravenes any conditions, its licence may be revoked or suspended.
